Legal Question in Insurance Law in Oregon

Re: Auto accident with mom driving my car!

I would ask the opposing insurer to pay you the additional $1,500, but they probably will not do so. But let me back up: Have you actually settled yet for the fair market value? Make sure you're satisfied that comparable vehicles sell for what they're offering you. Look in your local sunday paper, your "nickel ads" or other shopper, and online, for similar cars in your general region. Online, you can try cars.com and autotrader.com for starters. You may be able to argue for enough fair market value to cover your loan. If not, unfortunately, the limit of the opposing party (and therefore their insurer) is the fair market value of the vehicle, if it's "totalled."

Also, you should know that the statute of limitations for property damage in Oregon is 6 years, although your mother's claim, if she was injured, has a 2-year statute. This means that if the claim is not settled or a proper lawsuit is not filed by the limitations date, then you (or your mom) may be barred after that from making a claim. Your mom also has a right under your policy to have your insurer pay her reasonable and necessary medical bills, up to $10,000 for one year, for most policies. Your company then ordinarily would collect what they pay back from the insurer for the driver at fault. Good luck to you both.